(1) The state may designate a nonprofit corporation that is incorporated under ch. 181 as the state-designated entity only if the secretary determines that all of the following conditions are satisfied: (a) The articles of incorporation or bylaws of the corporation state that a purpose of the corporation is to use information technology to improve health care quality and efficiency through the authorized and secure electronic exchange and use of health information. (b) The corporation annually evaluates, analyzes, and reports to the secretary on the progress toward implementing statewide health information exchange and how the health information exchange efforts are enabling meaningful use of certified electronic health record technology, as defined in 42 USC 300jj and by the U.S. department of health and human services by regulation, by health care providers. (c) The corporation complies with the requirements to be a qualified state-designated entity under 42 USC 300jj-33 (f) (2) to (5) and to receive a grant under 42 USC 300jj-33. (d) The governing structure and bylaws of the corporation allow it to consult and consider recommendations from all of the persons specified under 42 USC 300jj-33 (g) (1) to (10) in carrying out statewide health information exchange. (e) The board of directors of the corporation includes all of the following persons: 1. The state health officer, as defined under s. 250.01 (9), or his or her designee. 2. The person who is appointed by the secretary to be the director of the Medical Assistance program, or his or her designee. 3. One person who is specified by the governor, or his or her designee. 4. One or more persons who represent each of the following such that the representation of the public and private health sector is balanced in the board’s representation: a. Health care providers. b. Health insurers or health plans. c. Employers who purchase or self-insure employee health care. d. Health care consumers or consumer advocates. e. Higher education. (f) The corporation agrees to fulfill all of the following purposes: 1. Building substantial health information exchange capacity statewide to support all of the following: a. Health care providers’ meaningful use of electronic health records. b. Population health improvement. c. Reporting of health care performance. 2. Developing policies and recommending legislation that advance efficient statewide and interstate health information exchange and that protect consumer privacy. 3. Developing or facilitating the creation of a statewide technical infrastructure that supports statewide health information exchange and enables interoperability among users of health information. 4. Coordinating between the Medical Assistance and public health programs to enable information exchange and promote meaningful use of electronic health records. 5. Providing oversight and accountability for health information exchange to protect the public interest. 6. Increasing public awareness of and support for statewide health information exchange and fostering agreement among health care providers and other users of health care information on an approach to statewide health information exchange. 7. Adopting standards for health information exchange in accordance with national standards, implementation protocols, and reporting requirements. 8. Prioritizing among health information exchange services according to the needs of the residents of this state. 9. Managing and sustaining funding necessary to develop and sustain statewide health information infrastructure and services. 10. Conducting or overseeing health information exchange business and technical operations, including providing technical assistance to health information organizations and other health information exchanges. 11. Developing or facilitating the creation and use of shared directories and technical services, as applicable to statewide health information exchange. 12. Creating a model, uniform statewide patient consent and authorization process to allow electronic access to, review of, or disclosure of a patient’s identifiable health care information. 13. Certifying regional health information exchange networks, if any, and confirming that any regional health information exchange network meets the criteria to participate in and connect to the statewide health information exchange network. 14. Monitoring health information technology and health information exchange efforts nationally and facilitating alignment of statewide, interstate, and national health information exchange strategies. 15. Developing programs and initiatives to promote and advance health information exchange to improve the safety, quality, and efficiency of health care and to reduce waste due to redundancy and administrative costs. (2) The department may make payments to a nonprofit corporation that is incorporated under ch. 181 to support health information exchange if the secretary determines that the conditions under sub. (1) are satisfied.
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